FinCEN Extends Reporting Requirements for Entity Purchases of High-End Real Estate
By
Mike Berey on September 5, 2017
FinCEN has issued Geographic Targeting Orders (“GTOs”) requiring “certain U.S. title insurance companies to identify the natural persons behind companies used to pay ‘all cash’ for high-end residential real estate in New York City, Miami-Dade County ...
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Topics: FinCEN
Cancellation of Contract of Sale Due to Mold Not an Anticipatory Breach
By
Mike Berey on August 30, 2017
In a contract for the sale of real property in Southampton, the sellers’ represented that “the Premises is free and clear of any mold or evidence of any existing mold remediation”. The purchasers’ obligation to close depended on the accuracy “as of the ...
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Title to Rents In Borrower Notwithstanding Assignment of Rents
By
Mike Berey on August 14, 2017
The owner of a rental property in Loudonville, New York defaulted on his mortgage. Hermann, the mortgagee, advised that tenants that he was entitled to rents at the property under the assignment of rents provision in the mortgage. The tenants engaged ...
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Topics: Rental Property
Survey Disclosing Fence Adjoining Land Does not Defeat Claim of Adverse Possession
By
Mike Berey on August 9, 2017
Plaintiff sought a declaration that she had title by adverse possession to a strip of land on the Defendant’s property between the location of a fence erected by the Plaintiff on the Defendant’s land and the Plaintiff’s property. The Supreme Court, ...
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Topics: Survey Fence Adjoining
Attorneys as Closing Agents in a 1031 Exchange
By
Mary Kay Kennedy on August 2, 2017
In some regions of the country it is common for attorneys to act as closing agents in connection with the sale and purchase of real estate. When acting as a closing agent, the attorney receives the purchase price from the buyer and, once the closing ...
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Topics: 1031 Exchange
Deed Forged: Subsequent Deeds and Mortgages Set Aside
By
Mike Berey on June 7, 2017
A deed to property in Queens County, New York, was purportedly executed in 2005 by Diana Deramo and Nicholas Deramo, the record owners. The property was re-conveyed twice, and it was mortgaged. However, Nicholas had died in 2003 and Diana alleged that ...
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Topics: Mortgages Subsequent Deeds